senate Bill S5912C

2017-2018 Legislative Session

Relates to agencies adopting emergency rules

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2018 referred to governmental operations
delivered to assembly
passed senate
Apr 30, 2018 amended on third reading 5912c
Jan 17, 2018 advanced to third reading
Jan 16, 2018 2nd report cal.
Jan 09, 2018 1st report cal.101
Jan 03, 2018 referred to commerce, economic development and small business
returned to senate
died in assembly
Jun 21, 2017 referred to governmental operations
delivered to assembly
passed senate
Jun 13, 2017 amended on third reading 5912b
Jun 08, 2017 amended on third reading 5912a
May 16, 2017 ordered to third reading cal.979
committee discharged and committed to rules
May 05, 2017 referred to commerce, economic development and small business

Votes

view votes

Jan 9, 2018 - Commerce, Economic Development and Small Business committee Vote

S5912B
6
4
committee
6
Aye
4
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 9, 2018

aye wr (1)

May 16, 2017 - Rules committee Vote

S5912
15
10
committee
15
Aye
10
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S5912 - Details

See Assembly Version of this Bill:
A8470A
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

S5912 - Summary

Relates to agencies adopting emergency rules.

S5912 - Sponsor Memo

S5912 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5912

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the state administrative procedure act, in relation to
  agencies adopting emergency rules

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
the state administrative procedure act, paragraph (a) as added by  chap-
ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
of the laws of 1988, are amended to read as follows:
  (a) Notwithstanding any other provision of law, if an agency finds FOR
A GOOD CAUSE that the immediate adoption of a rule is necessary [for the
preservation of the public health, safety or general  welfare  and  that
compliance  with  the  requirements  of  subdivision one of this section
would be contrary to the public interest, the agency may  dispense  with
all  or  part  of  such  requirements and adopt the rule on an emergency
basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE  AGENCY
MAY  DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF
THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
  (I) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE  IS
AN  EMERGENCY  THAT  POSES  AN IMMINENT AND SUBSTANTIAL THREAT TO PUBLIC
HEALTH OR SAFETY; OR
  (II) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE A  JUDI-
CIAL  DECISION,  FEDERAL  OR  STATE LAW OR RULE OR OTHER EXIGENT CIRCUM-
STANCES REQUIRE AN AGENCY TO IMMEDIATELY CREATE OR CHANGE  A  RULE  UPON
WHICH THE PUBLIC CAN RELY; OR
  (III)  THE  USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE IT IS
NECESSARY FOR AN AGENCY TO ADOPT A RULE IMMEDIATELY IN ORDER TO  FULFILL
ITS LEGAL OBLIGATIONS; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11460-01-7

Co-Sponsors

S5912A - Details

See Assembly Version of this Bill:
A8470A
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

S5912A - Summary

Relates to agencies adopting emergency rules.

S5912A - Sponsor Memo

S5912A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5912--A
    Cal. No. 979

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sens.  JACOBS, SERINO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development and Small Business --  committee  discharged  and  said
  bill  committed  to the Committee on Rules -- ordered to a third read-
  ing, amended and ordered reprinted, retaining its place in  the  order
  of third reading

AN  ACT  to amend the state administrative procedure act, in relation to
  agencies adopting emergency rules

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
the state administrative procedure act, paragraph (a) as added by  chap-
ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
of the laws of 1988, are amended to read as follows:
  (a) Notwithstanding any other provision of law, if an agency finds FOR
A GOOD CAUSE that the immediate adoption of a rule is necessary for  the
preservation  of  the public health, safety or general welfare [and that
compliance with the requirements of  subdivision  one  of  this  section
would  be  contrary to the public interest, the agency may dispense with
all or part of such requirements and adopt  the  rule  on  an  emergency
basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
  (I)  THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS
AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO  PUBLIC  HEALTH
OR SAFETY; OR
  (II)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE  WITH  A
JUDICIAL DECISION, FEDERAL OR STATE LAW; OR
  (III)  THE  DELAY  IN  ADOPTING THE RULE THROUGH THE USUAL RULE MAKING
PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S5912B - Details

See Assembly Version of this Bill:
A8470A
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

S5912B - Summary

Relates to agencies adopting emergency rules.

S5912B - Sponsor Memo

S5912B - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5912--B
    Cal. No. 979

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sens.  JACOBS, SERINO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development and Small Business --  committee  discharged  and  said
  bill  committed  to the Committee on Rules -- ordered to a third read-
  ing, amended and ordered reprinted, retaining its place in  the  order
  of third reading -- again amended and ordered reprinted, retaining its
  place in the order of third reading

AN  ACT  to amend the state administrative procedure act, in relation to
  agencies adopting emergency rules

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
the state administrative procedure act, paragraph (a) as added by  chap-
ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
of the laws of 1988, are amended to read as follows:
  (a) Notwithstanding any other provision of law, if an agency finds FOR
A GOOD CAUSE that the immediate adoption of a rule is necessary for  the
preservation  of  the public health, safety or general welfare [and that
compliance with the requirements of  subdivision  one  of  this  section
would  be  contrary to the public interest, the agency may dispense with
all or part of such requirements and adopt  the  rule  on  an  emergency
basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
  (I)  THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS
AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO  PUBLIC  HEALTH
OR SAFETY; OR
  (II)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE  WITH  A
JUDICIAL DECISION, FEDERAL OR STATE LAW; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11460-03-7

Co-Sponsors

S5912C (ACTIVE) - Details

See Assembly Version of this Bill:
A8470A
Law Section:
State Administrative Procedure Act
Laws Affected:
Amd §202, St Ad Proc Act

S5912C (ACTIVE) - Summary

Relates to agencies adopting emergency rules.

S5912C (ACTIVE) - Sponsor Memo

S5912C (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5912--C
    Cal. No. 101

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sens.  JACOBS, AKSHAR, DeFRANCISCO, MARCHIONE, SERINO --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee on Commerce, Economic Development and Small Business --
  committee discharged and said bill committed to the Committee on Rules
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing  its  place  in  the  order  of third reading -- again amended and
  ordered reprinted, retaining its place in the order of  third  reading
  --  recommitted to the Committee on Commerce, Economic Development and
  Small Business in accordance with Senate Rule 6, sec.  8  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to amend the state administrative procedure act, in relation to
  agencies adopting emergency rules

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
the state administrative procedure act, paragraph (a) as added by  chap-
ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
of the laws of 1988, are amended to read as follows:
  (a) Notwithstanding any other provision of law, if an agency finds FOR
A GOOD CAUSE that the immediate adoption of a rule is necessary for  the
preservation  of  the public health, safety or general welfare [and that
compliance with the requirements of  subdivision  one  of  this  section
would  be  contrary to the public interest, the agency may dispense with
all or part of such requirements and adopt  the  rule  on  an  emergency
basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11460-05-8

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